Methamphetamine

Methamphetamine (commonly referred to as “crystal meth” or just “meth”) is a drug that has experienced a dramatic increase in popularity throughout the nation because of the number of people who discovered how easily they could manufacture (or “cook”) the drug on their own using over-the-counter (OTC) cold or allergy medicines. Law enforcement agencies all over Texas have subsequently placed greater emphasis on seeking out and cracking down on so-called “meth labs” where methamphetamine is being manufactured.

Methamphetamine (which goes by such street names as “speed,” “ice,” or “glass,” among others) is listed under Penalty Group 1 of the Texas Health and Safety Code. As a result, any criminal offense involving crystal meth is subject to the strictest penalties of any drug crime and these types of alleged offenses are often aggressively prosecuted.

Attorney for Methamphetamine Arrests in Fort Worth, TX

Were you arrested for any kind of alleged methamphetamine crime in the greater DFW area? Do not say anything to authorities without legal representation Contact Townsend, Gebhardt & Eppes, PLLC as soon as possible.

Andrea Townsend, Steven Gebhardt, and Brian Eppes are experienced criminal defense lawyers in Fort Worth who represent clients charged with illegal drug offenses in such communities in Tarrant County, Parker County, and Johnson County as Fort Worth, Weatherford, Arlington, Cleburne, and many others. Call 817-502-3600 today to receive a free initial consultation that will allow out attorneys to provide an honest and thorough evaluation of your case.

Methamphetamine Penalties in Texas

Under Texas Health and Safety Code § 481.115, possession of a controlled substance listed in Penalty Group 1 such as methamphetamine is graded depending on the amount of crystal meth the alleged offender is accused of possessing:

Less Than 1 Gram — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;

1 Gram or More, But Less Than 4 Grams — Third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000;

4 Grams or More, But Less Than 200 Grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000; or

200 Grams or More, But Less Than 400 Grams — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000; or

400 Grams or More — Enhanced first-degree felony punishable by minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000.

The manufacture, delivery, or possession with intent to deliver (often called “intent to sell”) a controlled substance a controlled substance listed in Penalty Group 1 is prohibited under Texas Health and Safety Code § 481.112. When an alleged offender is accused of this crime, the offense is graded as follows:

Less Than 1 Gram — State jail felony punishable by up to two years in county jail and/or a fine of up to $10,000;

1 Gram or More, But Less Than 4 Grams — Second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000;

4 Grams or More, But Less Than 200 Grams — First-degree felony punishable by up to 99 years or life in prison and/or a fine of up to $10,000; or

200 Grams or More, But Less Than 400 Grams — Enhanced first-degree felony punishable by minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000; or

400 Grams or More — Enhanced first-degree felony punishable by minimum of 15 years up to 99 years or life in prison and/or a fine of up to $250,000.

Methamphetamine Chemical Penalties in Tarrant County

Possession of the actual drug methamphetamine is not the only way that a person can face criminal charges in Texas. In addition to the manufacturing penalties listed above, Texas Health and Safety Code § 481.124 also makes it a second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000 for an alleged offender to possess or transport certain chemicals with intent to unlawfully manufacture methamphetamine.

An immediate precursor (defined under Texas Health and Safety Code § 481.002(22) as a substance the director of the Department of Public Safety or an employee of the department designated by the director finds to be and by rule designates as being a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance, a substance that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, and a substance the control of which is necessary to prevent, curtail, or limit the manufacture of a controlled substance); or

A chemical precursor or an additional chemical substance named as a precursor by the director of the Department of Public Safety.

For the purposes of this statute, an intent to unlawfully manufacture methamphetamine is presumed if the alleged offender possesses or transports:

Anhydrous ammonia in a container or receptacle that is not designed and manufactured to lawfully hold or transport anhydrous ammonia;

Lithium metal removed from a battery and immersed in kerosene, mineral spirits, or similar liquid that prevents or retards hydration; or

In one container, vehicle, or building, phenylacetic acid, or more than nine grams, three containers packaged for retail sale, or 300 tablets or capsules of a product containing ephedrine or pseudoephedrine, and:

anhydrous ammonia;

at least three of the following categories of substances commonly used in the manufacture of methamphetamine:

a petroleum distillate, including naphtha, paint thinner, or charcoal lighter fluid; or

aquarium, rock, or table salt; or

at least three of the following items:

an item of equipment subject to regulation under Section 481.080, if the person is not a registrant; or

glassware, a plastic or metal container, tubing, a hose, or other item specially designed, assembled, or adapted for use in the manufacture, processing, analyzing, storing, or concealing of methamphetamine.

Texas Health and Safety Code § 481.124(c) further states that a substance is presumed to be anhydrous ammonia if it is in a container or receptacle that is:

Designed and manufactured to lawfully hold or transport anhydrous ammonia; or

Not designed and manufactured to lawfully hold or transport anhydrous ammonia, if a properly administered field test of the substance using a testing device or instrument designed and manufactured for that purpose produces a positive result for anhydrous ammonia or a laboratory test of a water solution of the substance produces a positive result for ammonia.

Texas Resources for Methamphetamine Offenses

Texas | Crystal Meth Anonymous (CMA) — CMA is a nonprofit organization that identifies itself as “a fellowship of people who share their experience, strength and hope with each other, so they may solve their common problem and help others to recover from addiction to crystal meth.” CMA is not affiliated with any other organization, but is adapted, with permission Alcoholics Anonymous’ Twelve Steps for its own use. Visit this website to learn more about CMA, its literature, and meetings in the DFW area.

Substance Abuse Trends in Texas: June 2015 — The Addiction Research Institute (ARI) focuses on issues related to substance use disorder prevalence, treatment, and long-term healthy functioning free from addictions. As this June 2015 paper from the ARI notes, “Since 2013, methamphetamine has been the drug most commonly reported by forensic laboratories, outranking both cocaine and cannabis.” The article notes that the Drug Enforcement Administration (DEA) noted methamphetamine is the “#1 threat in the Dallas area.” Read this paper to learn more about methamphetamine use in Texas.

If you were arrested in the DFW area for any kind of alleged methamphetamine crime, it will be in your best interest to immediately retain legal counsel. Townsend, Gebhardt & Eppes, PLLC can fight to possibly get your criminal charges reduced or dismissed.

Fort Worth criminal defense attorneys Andrea Townsend, Steven Gebhardt, and Brian Eppes aggressively defend individuals in Cleburne, Fort Worth, Weatherford, Arlington, and several other surrounding areas of Tarrant County, Parker County, and Johnson County. They can review your case and help you understand all of your legal options when you call 817-502-3600 or complete an online form to schedule a free, confidential consultation.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.